The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1887-11-09

Tins. too, when our population in 1Sit
was Little over half what it,isnow. ys
why, then, you ask, is there a general
impression that homicides ore far more
! frequent and increasing constantly than
they formerly were? Simply because the
assertion Is 50 commonly and confidently
made that il; has been accepted as n fact
without Investigation. An old philoso-
pher was, once puzzled with the question.
wny water i'll u tub with. Ash in ii
would weigh the same as it did without
tue ish. Was the fact true? He found
on investigation it was not. So, we con-
tend, theso writer's on tho criminal law
will find on Investigation, certainly in
onr county, that the pillar OF their arti-
cles is false in fact and hence leads to n
false conclusion.
Another reason why men conclude that
homicide Is on the increase is the ease, ra-
pldhty and completeness of the collection
otnows through the operations of the tele-
graph, the railroads, the press and tho
more complete system Of mails. There
is not all accident or homicide or other
grave crime committed in tho State or
the United States bnt is flashed over the
wires to the rcmotcst part Of the nation.
In population OF sixty millions of pco-
pic tbs array Of crime in oil its horrors
presents formidable and fearful record.
and editors, seeing this commingled re-
cord daily, conclude on general princi.
pies that neither life nor property will
long be secure, unless the homicidal ten
dcncy OF tho age is checked. In this
way, without investigation and without
regard to the area and population cover
ed by the daily report of crimes in all
parts OF the country, the impression gets
ont and the cry is raised: "Crime abounds
and is increasing at fearful rate" The
same mistaken idea, proceeding from n
IKE cause, exists in other matters. In.
the summer We hear men say more Der-
sons are killed by lightning now than
formerly. This is true and yet false.
True, IN that more people are now killed
thah formerly, because population has in
creased, but false, in that no greater per
eenta9e Is killed. The same is largely
true OF fires, railroad accidents and such
like, the difference now, if any, being
attributed to negligence. This is an age
OF travel and news, an age when, hgure-
lively speaking, what is spoken in the
ear. ! proclaimed from the housctop.
Wcsay, then, that, so faras our county
~ concerned, crime is not on the increase,
aud SO far as the State is concerned, ali
things being considered, we 10 not he.
lievo 1T Is on the increase. Ia fact at the
last terri OF court ut pickcns there was
not Il good hard days work on the Grim
innl docket and thc court of sessions
Adjourned eariy Tuesday. II rarely holds
at Wa!halIa above u day and hall, and
at the summer term the petit iurv is
often discharged before tic grand Jury
can complete its report. On examination
it will be found also that the bulk Of
crime, small and grave, is committed by
negroes and that even counting tham we
nave, relatively spanking, few crimes,
Charges such as arc malA III the articles
referred to operate injuriousiy on the
citizens of the State, tending to impede
immi2mtion, lower the valne of property
and prevent the Investment and iutlux
OF capital and il not founded on SOLID
ncts, should be rciutcd.
We have heretofore briefly alluded TO
the night OF challenge OF jurors in cri.u-
maj caseS, and expressed our opposi-
ton TO any change in the law giving
JUDGES the right to charge on the facts.
We think Intelligent Jurors, who sec and
often know personally the defend ants
and witnesses in such casos, can best
understand and weigh the value Of
testimony and should be permitted 10
i"riA their judgment Oh the facts brought
ont without "aid on influence by tue
Judge" The latter is generally an entire
stranger to the parties and could not
form aS correct un opinion on fucts as
citizens Of the county. He now has all
tn" power he should have.
We shall now consider one other al
legged defect which, We think, has no
foundation in fact, viz: that juries, hy
reason OF bias from personal friendship
towards the defendant, or against the
State from being stood aside by the So
licitor, too often fail to convict when tho
proof warrants verdict Of guilty. In
other words, that under the present law,
giving defendant socalled right to Sc
lect the jury aud shutting off the right OF
the Judge, "to aid the jury and inNu-
ence the result" conviction'of the guilty.
is the exception and escape the rulc, rel
versing the old rule, @
We have already shown that men have
ON innate antipathy to orime and that
the mere charge of crime brings odium
on the party charged and leads to an
opinion of guilt, which defendant must
remove. The State, by its ableand expe-
ricncod solicitor, having the closing ar
gument, why should the Judge have or
desire the right to argue the facts to
the jury CIR "to aid the jury or Influence
the result" or, as tho writer says, to
bring them back to right reason when
their minds have been led astray by
astute argument? This looks little
bloody, little viudictive, perhaps little
Jeffrey yitish, and such power III the Judge
is not necessary, either for the peace,
| order or protection of society. lN
But we hayo digressed The jury law
in South Carolina has been greatly i'm !.
proved since the war. Formerly Jurors
wero promiscuoutly drawn in open court
from a box containing the names Of all
voting taxpayers of the county and tue
list was prepared six nopths before the
term Of seryice began. No specinI quad
fications were required. Under the pres
ent law the box is filed by selecting from
the taxpayers of the county limited
number of Names possessing certain
qualifications, to wit: The names put in
tho box must represent citizens OF intel.
ligence, of good moral oharaeter apdfn "a G